R3GULATI0NS MAEE BY THÉ CHIEF AN] COUNCIL OF THE PEIGAN BAUD OF INDIANS UNDER SEC5 ION 80 ( e ) ‘ o f THE INDIAN ACT ON THE .SAJ O l M t f A Z v à K ✓ T.. 1951. No person other than a member o f the Peigan Band o f Indians s h a ll s u ffe r or permit an animal owned hy him or reputed to be in h is care and p o sse ss io n to roam at large upon and part o f the Peigan Indian Resserve #1^7 and any animal so found at large upon the said He serve sh a ll b£ l ia b le to be impounded as h e re in a fte r provided . Any animal means, horse%;, mules, c a t t le , sheep, goa ts , dogs and p o u ltry o f every k ind. 2. The Superintendent fo r the time being, or some resp on sib le person appointed by him s h a ll be poundkeeper fo r the BeSagrve. 3. The Poundkeeper sh a ll keep a book in which he sh a ll record a d e s c r ip t io n o f a l l animals impounded, w ith the date o f impounding, damage claim ed, i f any., date redeemed or s o ld , and d isp osa l o f the proceeds. 4* Anyone fin d in g any animal roaming at large on the Reserve in con travention o f s e c t io n 1 h ereo f may d e liv e r the same to the pound whether the name and address o f the owner or reputed owner o f such animal be known or n ot, and f o r so d e liv e r in g same sh a ll be e n t it le d to remuneration as fo llo w s : (a) For the d e liv e ry o f each s ta l l io n , jack or b u ll - $5.00 (b ) For the d e liv e ry o f each ram, he-goat or boar - $2.00 5» The Poundkeeper sh a ll, w ith in two days a f t e r the impounding o f any anim al, forward a n o tice o f same in the form by law provided, f o r p u b lica tion in the o f f i c i a l Gazette o f the Province o f A lberta and sh a ll a lso advertise the same in two su ccessive issues o f the lo c a l newspaper ( i f any) and sh a ll p ost notice o f same in a t le a s t three conspicuous p laces on or near the Reserve. I f the owner or person reputed to have charge o f the said animal i s known, n o tice o f the impounding sh a ll be forwarded by the Poundkeeper to such owner or reputed owner. 6. S u ffic ie n t feed and water sh a ll at a lltim esj be provided fo r the animals im pounded. f 7. The owner or reputed owner o f an impounded animal may redeemsuch animal by the payment o f the fe e s and damages as provided in s e c t io n 8 h e re o f. 8. The fo llow in g fe e s and damages sh a ll be recovered by the Poundkeeper together w ith the remuneration mentioned in se ct io n 4 h ereof before re lea s in g im pounded animal from the pound: (a) For the maintenance o f each s ta l l io n , jack or b u ll $2.00 a day For the maintenance o f each ram, h e -g o d ......... .............. .50 a day For the maintenance o f each horse, mule, a ss , head o f c a t t le or swine» « . . * . . » » . . » • • « . = . * . . . . * . o . . . . l . 0 0 a day For the maintenance o f each sheep or g o a t . . ........... .. .h0 a day (b) To the Poundkeeper fo r n o tify in g the owner o f the animal or animals impounded.................................... ............. 1.00 a day (c ) To the Poundkeeper fo r forwarding n otice to the Recorder o f Brands a t Edmonton....................... ............... .25 (d) To the Poundkeeper fo r making out n otices and a l l necessary cop ies thereof and a l l serv ices in connection therewith other than those fo r which a fee is elsewhere exp ressly provided, fo r each n otice (which s h a ll include a l l animals impounded at one s e i z u r e ) . . . . . . . . . . . . . . 1.00 (e ) To the Poundkeeper fo r each mile n e ce ssa r ily tra v e lle d in the performance o f h is d u t i e s . . . . . . . . . . . .1 0 ( f ) For s e l l in g impounded animals, 2 f$ o f the amount r e a liz e d .
(g ) For deprecation caused by the. animal a t la rge , a ctu a l damage assessed» The remuneration mentioned in s e ct io n 4 hereof s h a ll be paid to the party d e liv e r in g the animalto the jpound. The fees mentioned in sub section s (a) to (e ) in c lu s iv e , o f th is s e c t io n 8, sh a ll be reta ined by the Poundkeeper. The 2g$ commission in su b -section ( f ) o f th is s e c t io n 8 sh a ll be paid to the au ction eer, provided that where the Poundkeeper or the Auctioneer is the Superintendent o f the Indian Agency, A ssistant or other o f f i c i a l o f the Indian A ffa irs Branch, the fe e s to be retained by the Poundkeeper or paid to the A uctioneer, as ’ the case may be, s h a ll be rem itted to the Indian A ffa irs Branch f o r the c r e d it o f the funds o f the Peigan Band o f Indians. Damages assessed in resp ect o f deprecation caused by the animal impounded s h a ll be paid to the party claim ing to have su ffered the said damage. 9 . In case an animal be not released fromthe pound w ith in f i f t e e n days a fte r the f i r s t p u b lica tio n o f n otice in the o f f i c i a l Gazette as provided f o r in S ection 5 h e reo f, the said animal sh a ll be so ld by p u b lic auction a f t e r n otice o f such sa le has been posted fo r not le s s than e igh t days in three conspicuous p laces w ith in reasonable d istance o f the said pound, and at such sa le the Poundkeeper, a Justice o f the Peace, or a licen sed au ction eer, to be appointed by the Indian Superintendent, sh a ll be the au ction eer, and such sa le sh a ll be held at the Pound and s h a ll commence at two ofthe d ock in 'th e a ftern oon , Standard Time. 10. The proceeds o f the sa le o f any animal sold as provided fo r in the next preceding s e ct io n h ereo f s h a ll be app lied as fo llow s* F ir s t ly in payment o f costs and commissions consequent uponsuch s a le . Secondly in payment o f ad vertis in g and m ileage. Thirdly in payment o f pound and maintenance fe e s as provided by sub—section s (a ) , (b ) , ( c ) , (d) and (e ) o f se ction 8 h ereo f. Fourthly in payment o f damages claimed by any person claim ing to have su ffered le ss from deprecations committed by sa id animal, and the residue ( i f any) s h a ll be paid to the owner o f the animal sold upon the evidence o f ownership s a t is fa c to r y to the Indian A ffa irs Branch, provided that a p p lica tion there fo re be made to the Indian Superintendent w ith in three months next a f t e r the date o f sa id s a le . Otherwise the residue sh a ll be cred ited to the Funds o f the Peigan Band o f Indians. Provided that i f the amount rea lized at such sale be not S u ffic ie n t to pay the fees and costs set out in s e ct io n 8 h ereo f, the unpaid balance o f such fees and costs sh a ll be paid from Band Funds o f the said Band. 11. In case the owner o f the animalimpounded sh a ll d ispute the amount o f fees and damages claimed in respect o f the trespass the matter sh a ll be decided before the nearest Justice o f the Peace according to the laws o f the Province o f A lberta . 12. The singu lar number s h a ll subtend the p lu ra l and the masculine gender sh a ll subtend the feminine throughout these regu lation s where the context so re q u ires . a COUNCILLOR COUNCILLOR O
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.